Cases Question Reliability of Child Witnesses

By Charles Bassett, NEWS 9

OKLAHOMA CITY -- Oklahoma prosecutors lost a child-rape case because its key witness, a 5-year-old child could not testify. Now, there's another case involving a drowning where a 5-year-old may be called to testify. Both cases call into question the reliability of young child witnesses.

Experts say it's tough being a witness at any age, but at 5-years-old, finding the truth is even more difficult.

Last Thursday, 2-year-old Allie Croom drowned at Lake Stanley Draper. Her mother's boyfriend, Donald Reeser, is charged with her death.

One of the people interviewed during the investigation was Reeser's own 5-year-old son. This has the little boy's mother and Donald Reeser's ex-wife, Jessica Reeser, concerned about how her son was questioned. She doesn't believe her ex-husband killed Allie.

"Ask him (Reeser's 5-year-old son) once and he'll tell you what happened. When he's repeatedly asked over and over again, he told me ‘Mama, it made my mind busy. I told him what he wanted to hear,'" Jessica Reeser said.

Legal analyst Irven Box said questioning a child this young can be tricky.

"Hopefully they did some video to make sure and ensure that the questions asked the 5-year-old weren't suggestive questions," Box said.

Linda Neal, a clinical psychologist, said it's hard for children as young as five who witness a traumatic event to tell the truth about what happened.

"Eyewitness testimony has some real flaws in it even for adults, but certainly even more so with children," Dr. Neal said.

Prosecutors in Pittsburg County were hoping a 5-year-old rape victim would seal their case against David Earls, but the young girl couldn't testify.

"Her behavior was erratic. She ran in the courtroom. She balked at getting in the witness chair. She was unable to answer questions. She was unable to take the oath. We were unable to qualify her that day," said Pittsburg County Assistant D.A. Lisa Birdwell.

Experts say this is exactly what can happen when you put a child in a court system designed for adults.

"Certainly a child has no background or experience in their world with that; they may have a very difficult time of putting it in context of ‘What does this mean? What am I supposed to do? What am I supposed to say?'" Dr. Neal said.

Police said they didn't interview the boy in the drowning case. They had a forensic interviewer who does not work for the police department, question the child.

Allie Croom's death has been ruled a drowning, however the medical examiner has not determined whether it was accidental or intentional.

More on News9.com:

- Ex-Wife of Man Accused of Drowning Toddler Speaks Out 
- Man Arrested for Drowning Toddler
- Convicted Rapist to Serve One-Year in Jail